International legal status of child soldiers as participants in armed conflicts

2021 ◽  
pp. 137
Author(s):  
Sergey E. Smirnykh

The article deals with the international legal status of child soldiers as one of the gaps in International Law. It is noted that in a number of cases children are forced to participate in armed conflicts due to the use of violence against them. The voluntary recruitment of children into the armed forces is also possible due to the fact that they see no alternative sources of subsistence other than participation in wars. International Law was the basic and universal guarantee of the rights of children in armed conflicts. The most important guarantee of children's rights in armed conflicts is International Law. Individual states and their officials cannot fully guarantee the rights of children, as they are entitled to act within the framework of national legislation. Cooperation among states on the basis of the Charter of the United Nations can guarantee the exercise and protection of the rights of children in armed conflicts. One of the important guarantees for the protection of children's rights during armed conflicts must be the right to peace, which implies strict compliance by states with the prohibition of war in international relations.

2015 ◽  
Vol 20 (2) ◽  
pp. 474
Author(s):  
Ana Paula Barbosa-Fohrmann

<p>This paper examines the problematic of child soldiers, based on inter alia the strategy of research <br />and study of the United Nations Office of the Special Representative of the Secretary-General for <br />Children and Armed Conflict and on the priorities of the Machel Study. Here, national and international <br />law will be applied on countries where children are recruited by armed groups. Concerning domestic <br />jurisdiction alternative or traditional methods of justice as well as formal legal methods will be <br />addressed. Specifically, this paper will focus on three main subjects: 1) the possibility of prosecution <br />and judgment of adolescents, who participated in armed conflicts; 2) prosecution and judgment of war lords <br />and 3) civil reparation proportional to the damage caused by an armed conflict. These three subjects will <br />be construed according to (traditional or alternative and formal) national and international law. Finally, <br />some recommendations will be made in order to improve the system of reintegration of child soldiers in <br />post-conflict countries.</p>


10.12737/3468 ◽  
2014 ◽  
Vol 2 (5) ◽  
pp. 117-126 ◽  
Author(s):  
Кира Сазонова ◽  
Kira Sazonova

The aims and goals of war have drastically changed during the recent decades. The prohibition of the use of force fixed in the Charter of the United Nations became a real challenge to many states. Nevertheless, we observe regular use of force in international relations. Though &#34;classic&#34; interstate wars became rather rare, the states continue to solve their political problems by exploiting the armed forces. In these circumstances it is problematic to explain the use of force from the legal point. That is why we talk so much about &#34;preventive self-defence&#34;, &#34;humanitarian intervention&#34;, &#34;the responsibility to protect&#34; and some other controversial concepts. One of the most disputable among them is a &#34;just war&#34; concept, which has practically not been analyzed in our domestic doctrine. However, the western school of international law is actively implementing precisely the legal dimension of the &#34;just war&#34; concept. Of course, the concept itself is extremely political, but the consequences of its practical implementation may have a great impact on contemporary international law, as it tries to legitimize the use of force in circumvention of the Charter of the United Nations. Because of the huge importance of the question, the analysis of the concept seems extremely actual.


Author(s):  
Ian Ralby

This chapter examines the use of private military companies (PMCs) to deal with international armed conflicts and the prohibition of the use of force in relation to such entities. It considers the jus ad bellum implications of private military contracting in international law and international relations. The chapter explains what PMCs are and what they do, drawing a distinction between mercenaries and various terms used to refer to private companies hired by states in lieu of armed forces. It presents case studies where PMCs have engaged in prohibited or lawful use of force at the behest of a state, or where they may be used by a state in situations that run counter to jus ad bellum. Three real-world examples are highlighted. The chapter concludes by assessing the implications of using PMCs in armed conflicts for state responsibility with respect to the prohibition on the use of force.


2010 ◽  
Vol 1 (2) ◽  
pp. 329-381
Author(s):  
Pablo Antonio Fernández-Sánchez

AbstractInternational humanitarian law (IHL) is not the sole body of international law that applies in armed conflicts. Among the different legal bodies that may be subject to the simultaneous application during armed conflicts is refugee law. The questions considered in this article are the protection of refugees under IHL, including the right of non-refoulement during armed conflicts. The cumulative application of IHL and refugee law is another focus of analysis. This article deals with inter alia the reinforced extension of alien rights to refugees during armed conflict, the possibility to grant refugee status to new actors which appear during armed conflict, the obligation to disarm and separate armed elements, the forced transfer of refugees for military or humanitarian reasons, and the right of ex-combatants to be treated as civilian refugees once they have disarmed and their legal status can be determined.


2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.


2019 ◽  
Vol 58 (2) ◽  
pp. 399-413
Author(s):  
Rizal Abdul Kadir

After twenty-two years of negotiations, in Aktau on August 12, 2018, Kazakhstan, Azerbaijan, Iran, Russia, and Turkmenistan signed the Convention on the Legal Status of the Caspian Sea. The preamble of the Convention stipulates, among other things, that the Convention, made up of twenty-four articles, was agreed on by the five states based on principles and norms of the Charter of the United Nations and International Law. The enclosed Caspian Sea is bordered by Iran, Russia, and three states that were established following dissolution of the Soviet Union, namely Azerbaijan, Kazakhstan, and Turkmenistan.


1978 ◽  
Vol 18 (206) ◽  
pp. 274-284 ◽  
Author(s):  
Yves Sandoz

The events in Lebanon and the despatch of a UN armed force to keep the peace there brings into focus a problem which cannot be ignored, the application of international humanitarian law in armed conflicts. This problem has two aspects:— What is the nature of the armed forces which the UN commits or can commit at the present time?— To what extent are these armed forces obliged to apply humanitarian law?


Author(s):  
Андрій Матвійчук

Сформульовано визначення поняття «міжнародна неурядова організація» (МНУО) як організоване об'єднання представників громадськості різних країн, створене відповідно до національного законодавства для досягнення цілей і завдань розвитку громадянського суспільства й міжнародних відносин, що діє відповідно до загальновизнаних принципів Уставу ООН і норм міжнародного права на території двох і більше держав і володіє консультативним статусом. З’ясовано, що видовими ознаками, які містять у собі: цілі й завдання, характер діяльності, форму організації, наявність консультативного статусу тощо визначається відмінність міжнародної НУО від інших суб'єктів міжнародних відносин. Такі родові ознаки (як от: факт об'єднання людей, наявність постійних органів управління, Статуту тощо) є загальними для всього класу (роду) організацій. Обгрунтовано, що МНУО як учасник міжнародних відносин, є суб'єктом міжнародного права, однак їх правосуб'єктність має функціональний характер, тобто обмежений її консультативним статусом. Продемонстровано, що МНУО є неофіційною сполучною ланкою між національними урядами й міжнародним співтовариством, беруть активну участь у розробці міжнародних стандартів, методів, моделей і співвідносять їхню національну значимість з міжнародно-правовою. Зазначається, що у національному законодавстві України спостерігається тенденція оптимальної розробки питань, що стосуються правового статусу МНУО з огляду на міжнародні принципи й стандарти. Водночас, не можна йти шляхом повного їхнього копіювання, оскільки держава, ґрунтуючись на своєму суспільно-історичному досвіді, досвіді функціонування правової системи, на існуючих суспільних відносинах і своїх національних інтересах, сама має право визначати правовий статус МНУО. Пропонується у змінах до закону «Про неурядові організації» відобразити основну ідею, яка полягає в тому, що неурядові організації є ядром громадянського суспільства, найважливішим фактором розвитку демократичної держави й міжнародних відносин, засобом реалізації громадянами своїх прав і свобод. Matviichuk Andriy V. Activities of international nongovernmental organizations in the legislative and legal space of Ukraine The definition of the concept of "international non-governmental organization" (international NGO) as an organized association of representatives of the public of different countries, formulated in accordance with the national legislation for the achievement of the goals and objectives of the development of civil society and international relations acting in accordance with the generally recognized principles of the Charter of the United Nations and the norms of international law on the territory of two or more states and has consultative status. It was found out that the specific features that include: goals and objectives, the nature of activity, the form of organization, the presence of consultative status, etc., is determined by the distinction of the international NGO from other subjects of international relations. Such generic attributes (such as the fact of association of people, the presence of permanent bodies of government, the Statute, etc.) are common to the entire class (kind of) organizations. It is substantiated that international NGO as a participant in international relations is a subject of international law, but their legal personality is functional, that is, limited by its consultative status. It has been demonstrated that the international NGO is an informal link between national governments and the international community and is actively involved in the development of international standards, methods, models and their national relevance with international legal law. It is noted that in the national legislation of Ukraine there is a tendency for the optimal development of issues related to the legal status of the international NGO, taking into account international principles and standards. At the same time, it is impossible to go through the full copying of them, since the state, on the basis of its socio-historical experience, the experience of functioning of the legal system, in existing social relations and its national interests, has the right to determine the legal status of the Ministry of the Interior. The proposed amendments to the law "On Non-Governmental Organizations" reflect the basic idea that non-governmental organizations are the core of civil society, the most important factor in the development of a democratic state and international relations, as a means of citizens' realization of their rights and freedoms.


Author(s):  
В.В. Михайлюк

The author relied on the research of his predecessors and determined his own purpose of the study: to analyze the state of socio-cultural and cultural-humanitarian relations of Ukraine and Canada, to identify trends and their peculiarities in the context of general interstate and international relations of friendly countries. Emphasis is placed on the fact that the interstate relations in the defined field of research were based on the relevant legal documents of international law and treaties and other legal acts of each state. With regard to international relations, the author distinguishes it as such as the Ukrainian diaspora in Canada had and has its own peculiarities. This community is now one of the most significant in the world in its quantitative and qualitative relations, in political, socio-cultural and cultural-humanitarian influence. Therefore, in an advanced democracy of Canadian society, Ukrainians began to take the place of not only "aliens without rights", but also for many years prior to today, became active participants not only in the cultural, humanitarian, but also socio-economic and political life of Canada, which had a positive impact on socio-cultural and other relations. This is emphasized not only by the Ukrainian but also the Canadian side. Therefore, the study of socio-cultural and humanitarian-cultural components of relations between Ukraine and Canada has the right to exist. At the same time, it emphasizes the relevance and scientific novelty of the research topic. The problem under consideration is multifaceted, covering many aspects. In this study, only partial consideration of Ukraine-Canada relations in interstate and international perspectives has been studied. The importance of international and interstate relevant structures in terms of their influence on relations is emphasized. At the same time, in the author's opinion, it requires a detailed monographic study of the problem: the relation of Canada's role with Ukraine in the system of the "blocked" world.


2014 ◽  
Vol 4 (1) ◽  
pp. 381
Author(s):  
MSc. Ornela Taci

The article titled “International legal subjectivity: Concept and reality in the UN” the first, identifies debates on subjects of International Law briefly. The identification of debates serves to deal the creation of UNO (United Nations). Then, the article treates a brief historical overview on the functions of the UN since its creation until today to analyze international legal personality and its legal nature opposite functions that are dampened and transnational capabilities, the UN priority today. Also, it gives the reasons why the debate on UN reform should remain open.The aim of this study is to examine from the perspective of a qualitative methodology the characteristics of the legal status of the UN in space and in time to create a model based on Charter and on the real exercise of its functions but not according to denomination. The theories on international legal personality, the distribution of the United Nations and the consequences are not treated for this reason in this study. Also, historical and legal methods are used.The legal status of UNO is a tool to fulfil mission in approach of action of International Law, the challenge of the debate today. UNO was established in 1945 and acts are based on its Charter and international documents. The UN mission has changed today but the International Order is not in danger because the target of the UN is its renewal through reforms. The open debate on reform gives a contribution on evolution of International Law.


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